Jesus Gutierrez, Petitioner v. the Industrial Commission of Arizona, Respondent, Masterson & Clark Framing, Inc…

Summary

The court held that the phrase “most recent edition” in the administrative rule refers to the edition of the AMA Guides published most recently before the claimant’s impairment is rated, rather than the edition available when the rule was adopted. It also held that this interpretation does not unlawfully delegate legislative authority because the rule recommends, but does not require, use of the AMA Guides and permits other evidence of impairment. The court affirmed the court of appeals and the Industrial Commission’s decision.